Prasanta Karmakar, an Arjuna awardee, and renowned para-swimmer has moved Delhi High Court challenging his three years suspension pursuant to the disciplinary proceeding conducted against him and seeking direction to allow him to take part in swimming-related activities with immediate effect.
In a petition filed through advocates Amit Kumar Sharma and Satyam Singh, Karmakar has sought to quash and set aside his three years suspension pursuant to the disciplinary proceeding conducted against him vide the order dated February 7, 2018.
Karmakar's counsels Amit Kumar Sharma and Satyam Singh also sought a direction to the respondent Paralympic Committee of India (PCI) to allow the petitioner to take part in swimming-related activities with the immediate effect.
He has also sought a grant of compensation to him for being arbitrarily, capriciously and illegally debarred from the swimming competition for three years by respondent PCI in violation of his fundamental right enshrined under Article 19(1)(g).
According to the petition, the Respondent issued Show Cause Notice to the petitioner on the pretext of false and baseless charges of recording video of female swimmers during the National Para-Swimming Championship held at Jaipur from March 31 to April 3, 2017.
The petitioner was called for vide letter dated August 16, 2017, to explain his position on the said complaints and allegations wherein he, vide his reply dated August 28, 2017, and also on dated October 2, 2017, denied the allegations and demanded the copy of documents relied upon by the disciplinary committee of PCI.
The disciplinary committee of PCI did not pay heed to his repeated and benign request to provide him with the copy of documents relied upon by them. There was no observance and adherence to requirements of principles of natural justice and fair play on the part of the disciplinary committee, his advocate said in the petition.
"In the most shocking, obnoxious, arbitrary, unreasonable and capricious manner, the Disciplinary Committee of PCI suspended the petitioner from participation and his being sponsored in any Sports events by PCI for a period of three years with effect from January 20, 2018, and recommended his employer Haryana Sports department to take disciplinary action against him," the plea read.
Karmakar is an Arjuna Awardee and the Indian Commonwealth and Asian Games Medalist Swimmer and the fastest Para Swimmer in India and the highest winner including World Championships, World Games, Asian Games and Commonwealth Games.
He has been associated directly with Paralympic Swimming of India as a swimmer and he has represented India as a swimming team coach for 2016 Rio Paralympic Games and he has been the National Champion in his specific category for the 16 consecutive years. He has achieved several State and National level Records. He has represented India at various International Competitions as a swimmer from 2003 to 2016.
"That the petitioner humbly seeks the intervention of this court in the present matter, as he has been arbitrarily and capriciously suspended by the PCI from participation and his being sponsored in any Sports events by PCI for 3 years. The petitioner is one of the most decorated athletes of India has brought many laurels for the country. The arbitrary and illegal suspension of the petitioner is violative of fundamental right enshrined under Article 19(1)(g) of the Constitution of India," the advocates Amit Kumar Sharma and Satyam Singh said.
( With inputs from ANI )
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